Finck v. Menke
Appellate Terms of the Supreme Court of New York
Ajppeal from a judgment of the Municipal Court of the city of New York, second district, borough of Manhattan, rendered in favor of the plaintiff.
1Opinion of the CourtO’Gobman, J.
Where a breach of contract occurs, the aggrieved party is not always entitled by way of damages to the stipulated, compensation. The recovery must be confined to the actual loss sustained. It is fundamental that the plaintiff cannot deríve a greater advantage from a breach than from a performance. This rule does not seem to have been followed in the case at bar. The plaintiff agreed to furnish the defendant a mortgage loan at a cost of $130, which was to cover all expenses, including lawyer’s fees as well as brokeráge. The defendant refused to accept the loan, and judgment was awarded against…
2Cited by5 opinions
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- Du Bois v. MullinsAppellate Terms of the Supreme Court of New York · 1913
- Krensky v. LynchAppellate Court of Illinois · 1926
- Robert v. SireAppellate Terms of the Supreme Court of New York · 1900
- Finck v. PierceNew York Supreme Court · 1907